Office of the City Clerk 491 E. Pioneer Avenue

Homer, Alaska 99603

(907) 235-3130

Jo Johnson, CMC, City Clerk (907) 235-8121

Melissa Jacobsen, CMC, Deputy City Clerk II ext: 2224, 2226, or 2227

Renee Krause, Deputy City Clerk I Fax: (907) 235-3143

Email: clerk@ci.homer.ak.us

M E M O R A N D U M 09-158

TO:                  MAYOR AND CITY COUNCIL

FROM:            JO JOHNSON, CMC, CITY CLERK

DATE:             DECEMBER 8, 2009

SUBJECT:      VACATE THE 30-FOOT PUBLIC USE EASEMENT ALONG THE WEST BOUNDARY OF LOTS 52A1 AND 53A1, GRANTED BY BUNNELL’S SUBDIVISION SUTTON/CUPS ADDITION (PLAT HM 2006-57); WITHIN SECTION 19, TOWNSHIP 6 SOUTH, RANGE 13 WEST; SEWARD MERIDIAN, ALASKA, WITHIN THE CITY OF HOMER AND THE KENAI PENINSULA BOROUGH; KPB FILE NO. 2009-172; PC RESOLUTION NO. 2009-30.

At their November 23, 2009 meeting the Kenai Peninsula Borough Planning Commission approved the vacation of the 30-foot public use easement along the west boundary of Lots 52A1 and 53A1, granted by Bunnell’s Subdivision Sutton/Cups Addition (Plat HM 2006-57); within Section 19, Township 6 South, Range 13 West; Seward Meridian, Alaska, within the City of Homer and the Kenai Peninsula Borough; KPB File No. 2009-172; PC Resolution No. 2009-30.

Notice of vacation was received on November 30, 2009 by mail. Per AS 29.40.140 no vacation of a City right-of-way and/or easement may be made without the consent of the City Council.

The City Council has thirty days from November 23, 2009 in which to veto the decision of the Kenai Peninsula Borough Planning Commission.

The Homer Advisory Planning Commission has no objection to granting this vacation as is reflected in the minutes of September 16, 2009, Staff Report PL 09-77, Bunnell’s Subdivision (Sutton/Cups) Petition to vacate a right-of-way.

RECOMMENDATION:

Voice non objection and consent to the vacation of the 30-foot public use easement along the west boundary of Lots 52A1 and 53A1, granted by Bunnell’s Subdivision Sutton/Cups Addition (Plat HM 2006-57); within Section 19, Township 6 South, Range 13 West; Seward Meridian, Alaska, within the City of Homer and the Kenai Peninsula Borough; KPB File No. 2009-172; PC Resolution No. 2009-30.

Fiscal Note: N/A